Planning and Infrastructure Bill

John Grady Excerpts

2nd reading
Monday 24th March 2025 Commons Chamber

[John Grady (Glasgow East) (Lab)]

Thank you very much, Madam Deputy Speaker.

As a Glasgow MP, I emphasise how important this Bill is for Scotland and Scotland’s economy. We have huge opportunities in the form of offshore wind and floating wind, but those opportunities depend on the development of transmission infrastructure in England. This Bill will help to reduce bills in Scotland by getting us away from expensive gas and on to cheaper fixed-price wind. Delays in England cost my poor constituents a lot of money.

The Bill does much more than that. It modernises the regime for connections to the electricity transmission and distribution system, speeding up the connection of vital energy projects for energy security. The UK Government have worked closely with the Scottish Government—delivering on their promise to put country first and Scotland first, and party second—to modernise the regime for consenting overhead power lines and generating stations in Scotland.

The Bill also makes provision for long-duration energy storage. The House may wonder what that is. There is all sorts of exciting new technology in this area, but I commend to everyone a visit to Cruachan power station to see the hollow mountain in the glens of Scotland. They will see how important it is and what great opportunities it provides for British engineering, and for the children in our schools to pursue careers in engineering. There are also other reforms that are important to the electricity sector in Scotland.

This may be a historic moment of some agreement between the SNP and the Labour party in this Chamber, but I would not want to be too gentle on the SNP Scottish Government, which takes far too long to consent projects in Scotland. Far too many projects sit on Ministers’ desks for far too long, and that is holding back investment. The same applies with the SNP council in Glasgow. We need to get going on some of these consents, and the SNP in Glasgow and Edinburgh need to get a move on with consenting projects that will create jobs and assist my constituents.

This is a great Bill. It looks to the future. It will create opportunities for Britain. It is a bill of aspiration and ambition for our country. For too long, we have kept on saying no to great developments that create jobs and create wealth. This Bill says, “Let’s go for it. Let’s create jobs. Let’s create investment.” I support it fully.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

We now come to the Front Benchers for the wind-ups.

Planning and Infrastructure Bill (First sitting)

John Grady Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

[Nesil Caliskan (Barking) (Lab)]

I was a local councillor until I resigned last May, but I am not sure whether I need to declare that. I am a vice president of the Local Government Association, which will be relevant for the panel this afternoon.

[John Grady (Glasgow East) (Lab)]

Until the general election I, too, was a solicitor and I had a practice for many years in the energy sector.

[The Chair]

I thank all Members for declaring their interests, which have been noted.

Examination of Witnesses

Robbie Owen and Sir John Armitt gave evidence.

--- Later in debate ---

[Michael Shanks]

Finally, Dhara, picking up on the questions on connections reform and the wider push in the Bill on how we build network infrastructure more quickly and the ambition of that, how critical is it to the broader energy space—particularly on the questions of energy security, bringing down bills and the wider space on our energy mix going forward—that we build more network infrastructure and get the grid working? How critical is that aspect to delivering in the 2020s, and in the 2030s in particular, to meet the demand that we are going to see, and the Government’s other objective of bringing down bills?

Dhara Vyas: That is absolutely the right question to be asking, because we will not achieve any of it unless we unblock the issues we are seeing within the infrastructure space. The reality is that with these so-called zombie projects, at least half of them are ready to move on to the next stage. In large part, that is down to the work that has been happening as part of the connections reform project. It is really important that we keep on moving with the momentum we have right now, because gaining planning permission and making progress through the new milestones that the National Energy System Operator has set out is the next big challenge for us.

We are in a really difficult position right now. Bills and debt owed by customers to energy suppliers are at a record high. We are still really feeling and living in the long shadow of the cost of living crisis, which was partly down to the energy security crisis following the illegal invasion of Ukraine. Investing in an abundance of clean power will be completely pointless unless we have the infrastructure to move it around the country, and unless we invest in clean power, we will not ultimately bring down bills to the extent that we need to. The other part of that is demand. We will see demand increase by at least sixfold. We are going to have electrification of our homes and our transport, which brings us back full circle to the need to be able to move the electricity around.

[John Grady]

Q I have a question for Christianna, Beatrice and Charlotte. To bring this to life, I am a Scottish MP, so if I am building a set of offshore wind farms in the north of Scotland, I also need to build transmission infrastructure from Scotland down to England. The holdouts of this involve connection queues, planning delays in Scotland and planning delays in England. The Bill, with the reforms in England and Scotland, seeks to reduce those delays. I want to unpick what that means for my constituents in terms of jobs and investment. How much money will be invested in the grid in Scotland over the next five to 10 years, because this Bill helps speed that investment up?

Christianna Logan: Our programme of projects to deliver for 2030 is a £22 billion investment. It is the biggest investment that we have seen in the north of Scotland probably since the second world war, so it is really significantyou’re your constituents. Our colleagues in ScottishPower have their investments in your area as well. Alongside that, there is a significant number of jobs—we expect around 6,000 jobs enabled through our investments in Scotland specifically. Just this year, we will be recruiting another 600 people into SSEN transmission to help with this transformation of our grid network.

All of that, as you say, is dependent on us getting consent to progress all these projects and the necessary regulatory approvals for the investments. We have been working very closely with Government and Ofgem on the reforms, and we believe that the proposals put forward in the Bill will take us forward in that regard. As I said earlier, the secondary legislation and the work with the Scottish Government will be critical to capturing those benefits.

[John Grady]

Q Charlotte, some of the projects you are doing rely on Scottish infrastructure. Is it the same in England: more jobs, more activity?

Charlotte Mitchell: Yes, more jobs and more activity. Picking up on the point about consenting, we have similar yet different challenges in England and Wales. As you note, the Bill looks to streamline the NSIP regime. That is incredibly important for us at National Grid. We are very supportive of the measures in the Bill, and there are three in particular that I would like to namecheck as helping us to accelerate the projects that we need to move that power around, as we have been discussing.

The first one is the commitment to refresh the national policy statements every five years, or more frequently. We really welcome that, because it is incredibly important that we have policy stability for our projects. I would just caution that we do not update them so frequently that the policy landscape moves, but five years feels like the right cadence for refreshing those.

Another measure in the Bill that will help is the ability to opt out of the NSIP regime, where that is more appropriate for particular projects. At National Grid, for example, sometimes when we are upgrading a substation we need to move some overhead lines around. You can trip that threshold and end up in the NSIP regime, where really that does not feel like the spirit of the regime—that is not what it was set up to do. The ability to write to the Secretary of State and explain why it is not the most appropriate regime is really helpful for us, and we really welcome that measure.

The third one was spoken about by the previous panel: yesterday’s announcement of looking again at the consultation requirements and moving to a non-statutory footing for consultation on NSIP projects. Again, that will help us to engage in a more targeted, effective and proportionate way, so that we can bring projects forward while continuing to engage communities. That will help us to ensure that we have the right projects in the right places.

[The Chair]

Thank you. I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Lewis Cocking]

Q How will that affect the timeframe? I suppose the Government want projects to happen quickly, but you are now saying that there is another process to go through, so can you explain how that will affect the timeframe of projects?

Beatrice Filkin: What we set out in the decision last week sets off the piece of work that NESO are doing over this year. That helps projects, because as we have talked about, there are a number of projects in the queue that are either nowhere near ready or are not deemed needed for the overall strategic plan. So the process of sorting through the queue will speed up that very constrained access to the network to enable those projects that are needed and ready to join and connect to the network earlier.

[John Grady]

Q I want to ask about coastal Scotland, and I declare an interest: my granddad and several of my cousins were trawlermen in Scotland. Offshore wind represents a big opportunity in Scotland for coastal communities and harbours, which have suffered economic decline over the years. Have I got that right?

Beatrice Filkin: Are you asking whether it provides an opportunity to local communities?

[John Grady]

Yes.

Beatrice Filkin: Absolutely. We see this in terms of not only the build process, but the operations of these pieces of infrastructure.

[John Grady]

Q So this Bill, which speeds up planning and consent for transmission and generation infrastructure, is really important for Scotland’s coastal communities. That must follow, mustn’t it?

Beatrice Filkin: Yes.

Christianna Logan: Investment in things like ports infrastructure comes directly as a result of the investment in these projects, and that investment is not secured until we achieve consents, whether that is networks or offshore wind as our customer. So absolutely there is a benefit. There is also the community benefit that will come as a result of these projects.

Beatrice Filkin: There are also the wider supply chain opportunities. Obviously, we want to see the international and UK supply chain relocating here and providing degrees of the supply chain directly for these projects from our home communities.

[The Chair]

As we have a bit more time, there is a last question from Amanda Martin.

Planning and Infrastructure Bill (Second sitting)

John Grady Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

[Gideon Amos]

Guidance?

Councillor Clewer: Yes. Pretty firm guidance, but still guidance, with the ability where you really have the nuance to be able to work around it.

Councillor Hug: It goes to the point about having a common core of things, with certain things that apply in certain areas but then a space for guidance on top of that.

Councillor Wright: I agree that it should be guidance, not mandatory. We always seem to see policy brought forward on the basis that there is a problem. Perhaps for once we could go out to where planning is actually done well—where authorities have gone through modernisation and done things in the way you would expect them to be done—and work with those authorities, instead of assuming that there is a problem in the planning system.

Also, how far will this delegation go? If it turns into nothing more than delegation that is almost similar to permitted development rights, if people think that that is not dangerous, they should look at a picture of Terminus House in Harlow. They would see somewhere where they would not want to live. Members were nowhere near that.

[John Grady (Glasgow East) (Lab)]

Q It is great to have three very experienced councillors before the Committee. We have heard evidence today, including from two former special advisers to No. 10 under the last Government, that the Bill will help with energy security and energy costs, driving forward housing and getting jobs and significant investment. To channel your discussion about the beam in the person’s house, Councillor Clewer, a significant amount of frustration was evinced about where we are with things in planning more generally. Could each of you identify what you see as positive in the Bill?

Councillor Clewer: I agree that there are areas at the moment where planning simply delays or blocks infrastructure provision. That needs changing; I absolutely agree with that. I suspect people will judge the extent to which it needs changing based on where they live and the specific infrastructure that they are facing, but I think that that needs unblocking.

You need to be very careful with the assumption that the Bill will build more houses. It will not build more houses. The Bill, and the reforms that we have seen to the NPPF, will see more planning permissions. I have 18,837 extant planning permissions in Wiltshire at the moment. Developers told me that they could build only about 6,000 the last time I asked them, which strangely enough was just under the four-year housing land supply under the last Government. I am sure that if I asked them today, they would say that they could build just about 8,000.

I have 2,400 houses south of Trowbridge that have been stuck, failing to get the section 106 agreement signed, for something like 14 years. There has to be something in the Bill that forces building. If we are to issue planning, it has to come with the actual development. We have to compel. If developers have signed a commitment that they will complete houses on whatever basis and have fallen behind, they need to start paying the council tax on them or something. At the moment, the Bill is not going to do that, I am afraid. I do not see anything in it that will actually achieve that.

Councillor Hug: I support Richard’s point about working for more “use it or lose it” powers to ensure that planning permission does not just go on the books to raise land value and not do much else, although I note the points about hope value and everything. We recognise that there is a whole heap of challenges to delivery that sit outside the scope of the Bill.

On the Bill, we support the Government’s general principles about clarification and simplification. We recognise that the strong national growth and infrastructure demands open up some of the opportunities for green energy and all sorts of other things that we are calling for in local government.

I want to draw attention to the work being done on planning fees. Ensuring that local authorities have the best possible remuneration for the work to make sure they are covering their costs fully is key to making the system work well to deliver the outcomes that you are looking for. But we recognise that that alone will not deal with it, so we have to look at how we can further strengthen the planning workforce. Again, that is about making sure that the language does not say that the planning system or the planners are the problem. We want people to go into the industry and we want them to do it, but the planning fee stuff is helpful in supporting that.

We support the principles, but the key thing is to ensure that the local authorities retain a voice in what goes forward and work with the Government on some of the practical things such as the scheme of delegations.

Councillor Wright: I think we have got close to it. As we said, we have nothing against the professional training of planning committees so that the industry knows what it is dealing with and so that the idea that we do not know what we are doing on planning committees cannot be used to beat us over the head all the time. In my district, similarly to Richard’s, 11,500 permissions were put in place between 2016 and 2024 and 5,500 were built out. There is no excuse for the rest not to be built.

Unfortunately, the proposals that have been put forward do not include anything at all to mandate that builders will build. There is a proposal over CPO powers, and the missing thing that we would like to see is “build it or lose it”. If there is an allocated site and they have permissions, but they simply do not build on it, give us the CPO powers so we can CPO that. That would help to build houses, because we could then start to control the destiny of those sites. At the moment, there are some really useful things that could have been in the Bill that are missing.

Councillor Clewer: But CPO it at agricultural value.

Councillor Wright: Yes: agricultural value, not hope value.

Councillor Hug: I very much support the planning training. The LGA supports the approach to hope value that the Government are taking. The CPO power is particularly being deployed in urban settings around land assembly, which is the intent behind the Bill.

[David Simmonds]

Q I have two connected questions. A lot has been said about the role of local authorities in decision making on planning. I am aware that councils are not short of planning guidance from central Government—every element of a local plan must already be in detailed conformity with 19 chapters of the national planning policy framework. Is there any element of your local planning process that is there for any other purpose than complying with the law, as passed by Parliament, in respect of planning? Have you gold plated locally?

Secondly, coming back to the point about strategic infrastructure projects, one of the issues is that local authorities have a lot of obligations, particularly under environmental law, whereby they have a specific legal duty around issues like air quality. Effectively excluding them from the decision-making process or even a failure to intervene in the process would leave them open to legal challenge. Air quality is a good example: I know from my experience at Heathrow airport that there was a local authority fine of £300 million per annum for the level of air quality breaches caused by Heathrow airport, through which we would have been judicially reviewed by ClientEarth had we not judicially reviewed central Government over their proposals to expand that.

Can you think of some other areas, around either environmental or other legal obligations, that are imposed on local authorities where the role you play in either the development and consent order process or those national strategic infrastructure projects is arising not simply out of local politics but because of legal obligations to your residents that you have to fulfil?

Councillor Wright: With regard to nationally significant infrastructure projects, for instance, I was thinking about the fact that we are responsible for the environmental impact assessments. I worry at times that we do not have enough weight with those when it comes to the actual decision making.

One example, which we are testing at the moment, relates to battery storage—a new thing that is exciting lots of people—and whether we can predict not just the here and now, but what would happen in the event of a problem. If we are going to have a huge array of batteries on what was good agricultural land suddenly blighting the landscape, we could ensure that the industry is not allowed to use a type of battery that is more prone to cause huge environmental issues if it catches fire, when there are already good batteries that could be used. But it comes down to a financial decision. In some places, we would actually like more weight to be given to the powers that we already have, but quite often, as you say, we find ourselves guarding the place but not being able to make the decisions that would avoid the need for guards in the first place.

Councillor Hug: My concern is not about gold plating. It is about the question whether local authorities across the country have the capacity on their planning teams to deal with the range and breadth of the requirements that are placed on them. That is one reason why local government reform is in the air, but I would also welcome some movement on fees. We have to make sure that planning is seen as a field that people want to go into, to help unlock these things, rather than these people being seen purely as the blockers. Ultimately, part of the blockage is that the system is not working effectively. The question is how we can work with local authorities to deliver not only training to communities, but greater support to the officer core so that they can move stuff through as quickly as possible.

Councillor Clewer: I do not think we gold plate our local plans. There are many councils that want to go beyond existing guidance, particularly on net zero, for example. That is mostly to stop expensive retrofitting in future and make people’s bills cheaper. There are areas where councils will want to go beyond existing national policy, but every example I can think of was done for a very good reason and will end up with broad public support.

On the bigger issue of legislation, yes, there are some real challenges. Some environmental legislation can be significantly challenging when you want to see building or when you are looking to find a way to mitigate or even unlock. For example, I have a brownfield site in Trowbridge where they need to leave a bat corridor by a train line. How on earth that makes sense I honestly do not know, but it is making the viability of the site really challenging. Some sort of off-site provision would be far more appropriate: it would be far better for the bats and would help to unlock development.

There are also problems around highways issues, for example. Whether it be for economic development or building land, there is an inability for us to work properly with National Highways to deal with motorway junctions, or the A36 in my case. The constraints that that places on us can be real blockers to our desire to build in areas that would be sensible, as opposed to in areas where developers are putting forward planning permissions.

Lastly, it would be really nice if we could tell developers where they should be building, rather than developers saying, “This bit of land? We can’t build on it yet,” when we know full well that we will get a speculative application the moment the local plan is through for that bit of land as well, having just fought the contentious bit of land.

--- Later in debate ---

[The Chair]

We have just over a minute, John Grady, so it will have to be a very quick question and answer.

[John Grady]

Q I have a quick final question. We need huge investment in infrastructure in the United Kingdom. The capital for that is international, so we need to attract international investors to fund this investment. In your professional view, does the Bill make us more attractive or less attractive to international investors?

Catherine Howard: It definitely makes us more attractive to international investors on the nationally significant infrastructure side. I also like the fact that we can now opt out of the DCO regime for nationally significant infrastructure projects, because sometimes it is lighter touch and more helpful to go local. That is helpful as well. As I say, the pre-app stuff is incredibly helpful, and the national policy stuff. The EDP stuff is helpful, and the nature recovery matters in relation to housing. I will flag, however, that I will be making a submission about how I think the Bill could go a bit further on habitats regulation matters with regard to nationally significant infrastructure, because the nature recovery plans are slightly harder to apply—

[The Chair]

Order. We have run out of the available time for questions in this session. On behalf of the Committee, I thank you for your evidence.

Examination of witnesses

Richard Benwell, Mike Seddon and Carol Hawkey gave evidence.

Planning and Infrastructure Bill (Third sitting)

John Grady Excerpts

Committee stage
Tuesday 29th April 2025 Public Bill Committees

[Gideon Amos]

The hon. Gentleman raises another example of a failing that could have been addressed by parliamentary scrutiny.

Hon. Members may be wondering why I am referring to the acoustic fish deterrent, but the fact is that such concerns do matter to people, and people do care about species loss and habitat loss. A simple change in Government policy—for example, a ministerial speech changing Government guidance—could provide a pretext or a basis for a change to a national policy statement without any parliamentary scrutiny. Therefore, if the NPS changed, EDF would be allowed to get rid of its acoustic fish deterrent, and there would be no further scrutiny on that basis, but that is not a good way to make policy.

[John Grady (Glasgow East) (Lab)]

Does the hon. Gentleman agree that people are also very concerned about the anaemic economic growth in the United Kingdom over the past 14 years, as well as the housing and energy crises, and that the Bill seeks to strike a balance between all these competing considerations? At the moment, we do not have a balance—the balance is against development—and we desperately need developments such as Hinkley that create brilliant, well-paid jobs, including for many young people in south-west England.

[Gideon Amos]

The hon. Gentleman is right: many of my constituents appreciate the opportunities that the Hinkley development provides them. Perhaps he is right that the decision should be wafted into a quick policy statement and then whacked into the NPS, so EDF can get rid of its fish deterrent for the sake of economic growth and the jobs that he is talking about—but surely Parliament should have some say on these crucial questions of balance between economic objectives and objectives around the natural environment.

--- Later in debate ---

[Ellie Chowns]

It is a pleasure to serve under your chairship, Mrs Hobhouse, as I should have said earlier. There are three reasons why I, too, have concerns about new clauses 44 and 45 and the removal of the requirement for pre-application consultation.

First, pre-application consultation is often a very useful process, as a way of highlighting and addressing issues between developers and other stakeholders before we get to the formal, structured, legalistic processes. There was a case in Suffolk in which engagement between the Wildlife Trust and National Grid resulted in the trust’s concerns being addressed in such a way that they did not have to be raised in a more legalistic way later in the process. Pre-application consultation is useful and productive for all parties. It is not for developers to decide whether pre-application consultation will be useful in a particular case, but there should be a statutory requirement for key stakeholders, such as local authorities, to be consulted in that way.

My second concern is that the replacement guidance requirements set out in new clause 45 do not provide sufficient clarity for developers, communities and other stakeholders, or for the Planning Inspectorate, on what pre-application engagement is required specifically, because the wording is too vague to provide sufficient clarity. “Have regard to” is a relatively weak duty, while

“what the Secretary of State considers to be best practice in terms of the steps they might take”

is very vague language. It would be open to interpretation and potentially to contestation, which could be unhelpful to speeding up the process in the way we seek.

My third concern, notwithstanding individual examples of processes that might have been held up, is that generally speaking pre-application consultation and public engagement is not the main constraint on the rapid processing of such applications. I understand that research conducted by Cavendish in 2024 looked at DCO consent times from 2011 to 2023. It found that for the first 70 projects going through the DCO process up until 2017, the response time was pretty reasonable. What changed in 2017? It was not the pre-application consultation requirements, which remained the same throughout the process.

Political chaos is what caused the change. Cavendish’s report identifies that it was political turmoil and manoeuvring that caused delays to happen once projects reached the Secretary of State’s desk—I see my Conservative colleague, the hon. Member for Ruislip, Northwood and Pinner, nodding. Who was in government at that time? We had the turnover of Prime Ministers, Ministers and so forth. Bearing all that in mind—the fact that pre-application consultation is a very useful way of deconflicting issues of contestation, the fact that the replacement guidance is so vague as to be unhelpful and itself probably subject to test, and the fact that this is the wrong solution to the problem of delays—I am concerned.

[John Grady]

rose—

[Ellie Chowns]

I had come to the end, but I give way.

[John Grady]

I am grateful. It is a pleasure to serve under your chairship, Mrs Hobhouse.

Is the hon. Member disagreeing with the evidence that we heard from Catherine Howard, one of the most eminent planning lawyers in the United Kingdom? Catherine Howard said:

“We cannot magic up more comms consultants, lawyers, environmental impact assessment consultants and planning consultants in that period, so we desperately need a way to apply those professionals most efficiently in a really focused way across all the projects we need.”

She then went on to talk about the pre-app process, which has gone up from 14 months to 27 months:

“I suspect it is even longer now…The pre-app is always something I feel I have to apologise for and explain, and give the best story about how quick it might be”.––[Official Report, Planning and Infrastructure Public Bill Committee, 24 April 2025; c. 67, Q86.]

She explained that investors welcome this change. The pre-application process, in the mind of investors who want to invest in clean energy projects that lower carbon emissions and other critical infrastructure, is a very material source of delays, according to that witness.

--- Later in debate ---

[Ellie Chowns]

I am aware that Cavendish is a consultancy company. It is perfectly reasonable to make that observation. Most people—I mean, pretty much anyone—who will ever give evidence or produce a report will have some sort of interest. We are not saying that anyone who works in the planning system in any way cannot have a viewpoint that is objective, evidence-based and so forth. There are clear examples of processes that have got stuck. I am concerned not only about unsticking the planning process, but about the proposal to let the pendulum swing too far away from the opportunity to have meaningful pre-application consultation that could be more effective than waiting until things bang up against each other further on in the process.

[John Grady]

rose—

[Nesil Caliskan (Barking) (Lab)]

rose—

Planning and Infrastructure Bill (Fourth sitting)

John Grady Excerpts

Committee stage
Tuesday 29th April 2025 Public Bill Committees

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Twigg. Notwith-standing the comments from my fellow shadow Minister, who made an excellent contribution, can I press the Minister on one question? My hon. Friend outlined the Opposition’s concern over removing wholesale—we are not saying that the Minister is doing this—the checks and balances relating to somebody being able to challenge a decision that they deem has not been taken in the right way.

However, it would be remiss of us as a party not to acknowledge that there are cases where JR is used vexatiously. To use an example from my constituency, I waited for 12 years to get a 300-foot extension to Southampton airport’s runway. It took three judicial reviews before we finally got that through. There was unmitigated support from the local authority and me as the Member of Parliament at the time, and it was taken to JR for what I would say were very dubious reasons, just to try to delay the project.

I understand why the Minister is bringing in the measures, notwithstanding some of the concerns that my hon. Friend mentioned about the balance. However, I am reassured by what the Minister said about not removing the ability to challenge and tightening the process around what can be accepted as being without merit.

I have one question for the Minister, which he may not be able to answer today—I would not necessarily expect him to—but perhaps he could write to me about it. Following Lord Banner’s work, which was a thoughtful examination of how legal challenges could be streamlined, has the Minister made any assessments, through officials or the Department, of how much time or cost on average the changes to clause 8 might mean for the system overall? I am not expecting him to get his abacus out and look at that now, but I wonder whether he could outline to the Committee, through an impact assessment, the effect of some of the changes.

We will not push this clause to a Division. We understand the principled reason why the Minister is bringing it forward, even if we have some concern about the detail of the measure.

[John Grady (Glasgow East) (Lab)]

It is a pleasure to serve under your chairship, Mr Twigg. This clause and the other clauses in this chapter are good news for Scotland, because we in Scotland depend on projects in England to proceed. Many projects are cross-border and need consent in both countries. That is important for jobs, particularly jobs for young people.

I have had the misfortune to be involved in infrastructure projects for many years. From time to time judicial reviews without any merit are brought solely to delay and frustrate projects. It is right and proper that the law is changed to make it clear that, once the High Court has made a decision, following argument—because the right to an oral hearing is retained—further appeals are prevented. Such appeals can lead to significant delays, depending on the business of the Court of the Appeal, which has many pressing priorities.

Some mention was made of costs. I will briefly describe the cost to developers, because the Labour party is a pro-business, pro-environment party. If someone has a development that is subject to a judicial review, they have planned their contracting strategy, and what it will cost to build the development, and their financing. If there is an indeterminate delay, and a series of additional delays of unpredictable length—as a lawyer, I could never tell people how long litigation would take—they are then exposed to significant fluctuations in the financial and commodities markets. There are therefore real costs, so I naturally support clause 8. The clause, along with the rest of the package of reforms to the development consent order regime, will create the opportunity for significant additional employment in Scotland, jobs for our young people, and great net zero and housing projects.

[Matthew Pennycook]

I thank the shadow Minister, the hon. Member for Hamble Valley, for his constructive tone on this clause—and others; I do not mean to confine his constructive attitude to just this clause. I welcome his praise for Lord Banner’s review, which I agree was thoughtful and insightful. As part of that review Lord Banner made it clear that although the duration differs between different applications, each attempt to apply for a judicial review currently extends the duration of a claim by, on average, several weeks, and in some cases by several months. In large numbers of cases, time is added by legal challenges that are unsuccessful. The changes made by the Bill aim to strike the right balance between improving efficiency and ensuring access to justice.

To be clear, this clause does remove the paper permission stage, but only makes changes by removing the right to appeal for cases that are deemed “totally without merit”. Other cases will retain that right of appeal if they are deemed to be with merit and able to be considered. We think these changes will make a difference to the time that projects take to work their way through the system, and we will work with the judiciary to advance a number of other changes to the process for NSIP judicial reviews, such as introducing target timescales for cases that we think will have a beneficial impact. On that basis, I commend the clause to the Committee.

Clause 9

Connections to electricity network: licence and other modifications

--- Later in debate ---

[John Grady]

I rise simply to add my support to this provision. There is an extensive requirement to develop the electricity generation industry in Scotland and England, and this will give rise to great long-term jobs and apprenticeships for young people, as well as move us on to cheaper, secure, lower-carbon energy.

Such queues have been a long-standing issue in the electricity industry, as any developer will tell you, and half the time it is absolutely impossible to know when their project will be connected. That is no basis on which to attract the significant investment we need in our industry in this country, because developers can go to other jurisdictions and get much quicker connections.

This reform has been carefully put together by the ministerial team and Ofgem. The Minister for Energy has addressed the issue, and the reform is to be applauded. It may seem a rather arid and dry topic, but ultimately the reform is of significant benefit to industry in the United Kingdom.

--- Later in debate ---

[Michael Shanks]

I thank the shadow Minister for the way he is discussing these topics. I appreciate that they are from a planning system alien to the one with which he is, I am sure, very familiar—I am tempted to say that the shadow Energy Secretary could join him on the Bench, but he is not here.

I understand the point that the shadow Minister is making. For hon. Members who are not familiar with the Scottish system, a public inquiry can be triggered with one objection into the planning system. The public inquiry can take years to conclude and often is not reflective of actual community sentiment on a particular project. This system does not exist in any form anywhere else in the UK. The purpose of these consenting reforms is to deliver significant efficiencies in the consenting process, and to make decisions faster—not necessarily to make positive decisions faster, just to make decisions faster. Introducing another element that feels like the element that we are removing takes away from that.

As I have said previously, there are still significant opportunities for communities to participate in the process. One of the key aspects that we are introducing is the right of a reporter, who is an experienced specialist in planning and consenting, to consider representations about whether there should be a public hearing on a particular process. That reporter will then make the decision about whether it should go forward into a hearing session or a public inquiry. That is rather than what we have at the moment, which is an automatic trigger that holds up projects for a significant length of time.

I am always happy to meet with the shadow Scottish Secretary on a range of things. I am happy to engage with him, because I appreciate that his part of Scotland has a significant amount of network infrastructure being built; but for the reasons I have outlined, this amendment goes counter to our objectives, and does not sit with the reforms we are making to the Scottish planning system, as distinct from the planning system in England and Wales.

[John Grady]

I will make a couple of brief remarks as a resident Scottish MP. The Minister has referenced co-operation between the Scottish and UK Governments. That is to be welcomed; it reflects this Government’s determination to do right by Scotland and to work productively with the SNP Government in Holyrood.

These provisions will help to unlock significant investment in Scotland. We heard last week how SSE’s programme of projects, which these provisions help to unlock, will lead to £22 billion of investment by 2030. That is the biggest investment we have seen in the north of Scotland since the second world war. Just think what we could achieve if we had a Labour Government in Scotland as well as in England.

The Minister is right to have worked closely with the Scottish Government on reforming the provisions, which in many cases predate 1989, because the 1989 Act was a consolidation. He is right to have worked productively with the Scottish Government, putting Scotland first, because that will give rise to significant investment and jobs—jobs for our young people and high-quality jobs—as well as access for the people of Great Britain to greater volumes of fixed-price electricity that is not subject to fluctuations in wholesale markets, as we have seen over the last few years.

[Paul Holmes]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Michael Shanks]

No, I will carry on answering this point, if that is okay.

We are very enthusiastic about clause 17—who would have thought it? To be clear about this point—I feel as if I am the only Scottish MP on this Committee, but I am not—when this Government increase spending in a particular area, that results in a budget transfer to the Scottish Government, the Welsh Government and the Northern Irish Executive, which they can spend on whatever they see as their local priorities. An increase in NHS spending in England does not lead to the exact same in Scotland. We will not bind the hands of every single decision that is made in this case. This is about conferring a power on Scottish Government Ministers to set and charge fees to electricity network operators for necessary wayleave applications in Scotland.

[John Grady]

I thank the Minister, although he must feel awfully lonely as the Front-Bench Scotsman. As the Member for Rutherglen just on the other side of the Clyde from me, does he agree that the charging of fees for necessary wayleaves is a rather odd way to relitigate the referendum that took place in 1999, and a rather odd way to relitigate the questions of devolution? I know that the Conservative party has some trouble, from time to time, in accepting the devolution settlement. We seem to have moved from the West Lothian question to the Hamble Valley question. It is remarkably confusing.

[The Chair]

Order. Let us stick to the point.

Planning and Infrastructure Bill (Fifth sitting)

John Grady Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Gideon Amos (Taunton and Wellington) (LD)]

Good morning, Mrs Hobhouse, it is especially a pleasure to serve with you in the Chair. Liberal Democrats are supportive of a scheme to encourage long-duration energy storage and, for that reason, are generally supportive of the clause. Long-duration energy storage is crucially needed, including, of course, battery storage.

There are instances of fires in battery storage facilities, but there is no reason why they should not be built safely—they can and are built safely. We ask the Ministers to consider whether fire brigades should be statutory consultees in applications for battery storage proposals. That is not the case at the moment, which seems perverse, given that there is an acknowledged fire risk that needs to, and can, be dealt with. We should have fire services as statutory consultees to ensure that happens.

[John Grady (Glasgow East) (Lab)]

I rise simply to support the provision. The first point to note is that this sort of technology has always been critical for the electricity system, which is why we have plants such as Cruachan in Scotland—which I commend to everyone as a great place to visit on their summer holidays—and Dinorwig in Wales. We need more investment in this.

As someone who has been involved in the energy sector for almost 30 years, the simple fact of the matter is that this technology will not be invested in without additional support. The plan for a cap and floor mechanism is well worked through, and has a reasonable pedigree in the electricity industry for supporting investment. Clause 21 seeks to introduce that. Quite properly, it is technology-agnostic, because there is a great deal of innovation in this sector. The provision is important for decarbonisation, energy security and jobs across the British Isles; I therefore support it.

[The Chair]

Before I call the Minister, I remind Members to please indicate a little bit more clearly to me—preferably at the beginning of a debate—whether you want to speak.

[John Grady]

I apologise for not indicating properly.

[Michael Shanks]

I thank all hon. Members for their contributions and their recognition, first and foremost, of the important role that long-duration energy storage plays in our system. My hon. Friend the Member for Glasgow East referred to Cruachan—the hollow mountain —and I think there is barely a person in Scotland who has never been on a school trip to there. I would recommend it to anyone; it is a fantastic example of not just how important this is to our energy system, but the engineering that has lasted a significant number of decades and still runs on our system. It plays an incredibly important role.

The shadow Minister, the hon. Member for Hamble Valley, raised a number of important questions. Ofgem has consulted on the process for the first window of the cap and floor scheme. It has published detailed, technical guidance on what we would expect those projects to be able to deliver. We, and Ofgem as the regulator, have very deliberately been technology-agnostic to allow more of these innovative projects to come forward. That first round will run its course, but we absolutely would expect that Ofgem and the Government will look at the results of that review and see if there are areas that we might improve on for a further round if that is deemed necessary. We will keep the scheme constantly under review.

The cap and floor scheme that Ofgem has run for interconnectors has been an incredibly successful way of delivering value for money for consumers and of giving that revenue certainty over the long term. It is a model that works very well. We will review the projects that move forward in the scheme. As I outlined, there are technical requirements that they must meet, but there will also be a process of ensuring that the projects deliver value for money for consumers.

The hon. Member for Taunton and Wellington rightly recognises the role that LDES plays in the mix. We could see some battery projects coming forward in this round. Traditionally, they have not been part of long-duration energy storage, but that technology is moving forward rapidly and some might be able to bid into this process. There are some really innovative projects in that space.

It is important to take the question of how we deal with safety risks for batteries in a balanced way. There are safety incidents for a whole range of infrastructure in our country; some get a lot more attention than others in the media, and we need to be careful not to draw more attention to one particular technology at the exclusion of others. But the hon. Member for Taunton and Wellington is right that safety should be paramount in everything we do with every energy system and every part of infrastructure.

We are looking at the wider question of how we might introduce additional safety measures on battery storage sites more generally, not just as part of the LDES scheme. The Health and Safety Executive has a key role in regulating battery designers, installers and operators to ensure that they take the necessary measures to ensure health and safety. It is an important step, and one that we take seriously.

Planning and Infrastructure Bill (Twelfth sitting)

John Grady Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Paul Holmes]

My hon. Friend raises a good point; in fact, we have tabled some amendments on targets regarding small and medium-sized enterprises. He is right that we must ensure that development is not just carried out by the usual large-scale developers; we must bring vibrancy into the sector and, more importantly, allow local authorities to make those decisions.

On retirement villages, the system does not work, but new clause 50 would allow local authorities to have the authority to focus on the demographics and first-time buyers. It would ensure that SME builders are allowed to be designated by the local authority to build those houses.

It is shameful that, for the first time in a long time, housing policy in this country does not have any incentives for first-time buyers. This point relates to the new clause, Ms Jardine. For the first time, we do not have incentives such as stamp duty relief or Help to Buy, so I hope that the Minister’s disruptive and radical solutions, which he teasingly announced, will include incentivisation. That would allow local authorities to say, “We have a lot of young people who should be entitled to be on the housing ladder; we want to put some first-time incentives into our local plans.”

[John Grady (Glasgow East) (Lab)]

On assistance for first-time buyers, is the lifetime ISA not still in operation?